When a parent is diagnosed with dementia, families face many emotional and practical challenges. One of the most urgent steps is addressing legal decision-making. Power of attorney allows a trusted person to manage health, financial, and personal affairs when a loved one is no longer able to do so. Acting early provides peace of mind and prevents future complications. This guide covers the different types of power of attorney, who can be appointed, and why it matters for families supporting someone with dementia.
What Power of Attorney Means for Dementia Care
At a certain point, most people with dementia will get to a stage where they will no longer have the mental capacity to make significant decisions for themselves. At this point, it is important that a family member or carer is empowered, legally, to make these decisions for them.
Power of attorney means picking someone who will have the legal power to make binding choices for you, when it comes to things like treatment, disposal of assets, wills, and so on.
Power of attorney can cover two things:
- Property and finances
- Healthcare
For many people with dementia, one person (usually a close relative) will have combined power of attorney for both of these, but they can be split between people as well.
Types of Power of Attorney for Dementia
As mentioned above, there are two types of power of attorney, property and financial, and health and welfare.
Property and Financial Affairs
Power of attorney for property and financial affairs covers an array of legal and financial decisions including:
- Selling a house
- Paying the mortgage
- Investments
- Paying bills and managing money
- Managing bank accounts
- Arranging repairs to a property
- Collecting benefits or a pension
- Wills
Health and Welfare Decisions
Power of attorney for health and welfare affairs is concerned with medical issues, treatment, and ongoing care, and can include:
- Medical treatment
- Medication
- Care facilities
- Choosing doctors
- Where the patient should live
- Ongoing care requirements
- What they should eat
- Who they should have contact with
- What kind of social activities they should take part in
Who Can Be Granted Power of Attorney
Legally, anyone over the age of 18 can be granted power of attorney, as long as they are not bankrupt. In practice, it is usually wise to appoint a family member or close personal friend - someone who you can trust to have your best interests at heart, and to carry out your wishes in the spirit in which you intended.
If your loved one has dementia, appointing a trusted decision-maker early ensures that care preferences and medical needs are honored. Families navigating this process often benefit from dementia care services that provide guidance and support during transitions.
You can appoint more than one person to have power of attorney - either splitting the two separate types between two people, or granting power of attorney to multiple people for either or both roles. If this is the case, you will need to specify how they should work together, and who has overall responsibility.
When granting power of attorney, the person or people you pick should be those who know you well and understand your wishes, who are reliable and trustworthy, with the abilities to carry out the tasks required, and who have demonstrated that they are capable of managing their own finances and making good, sensible decisions about their own welfare. If your family is already working with a caregiver, companion care services can also provide consistent support and help families stay informed throughout the process.
When Families Should Arrange Power of Attorney
It is ideal to arrange a power of attorney document as soon as possible after a diagnosis of Alzheimer's disease or other type of dementia. At this point, the patient will still likely be in full possession of their mental faculties, and be completely able to make important decisions. They will be able to understand the decision and its ramifications, and approve and sign a legal document. Families often ask, “Can someone with dementia sign legal documents?” The answer depends on whether the individual still has the mental capacity to understand what they are signing at the time. Acting early helps ensure your loved one can legally sign the necessary documents while they still have full understanding and consent.
If your loved one has recently been diagnosed, Alzheimer’s and dementia care services can provide guidance and support as families navigate these legal and emotional steps.
As dementia progresses, your loved ones may begin to deteriorate and exhibit decreased cognitive ability and function. At this point, granting or gaining power of attorney becomes far more complex, as the patient will no longer be able to fully understand what power of attorney means, and may not be of sound mind enough to give their consent.
There are legal means to get power of attorney from someone with dementia who is unable or unwilling to grant it due to their condition. However, this makes an already stressful and difficult process even more traumatic, and from an emotional and psychological wellbeing point of view, is best avoided. This is why earlier is better when it comes to obtaining or granting power of attorney.
Why Power of Attorney Is Critical in Dementia Care
The main symptoms of dementia are well known - forgetfulness, memory loss, confusion, loss of mental faculties. Decision-making for people with dementia can be extremely tough, and making genuinely informed, important decisions about issues that will have significant ramifications will become increasingly problematic.
A power of attorney allows a caregiver, family member, or personal friend to take on these complex decisions, and gives them the legal power to manage the affairs of those who are unable to.
Not only is granting power of attorney a vital part of ensuring that logistical, legal, and administrative issues can be taken care of for a dementia patient, it also makes the job, and the life, of a family carer significantly easier.
Caring for a loved one with dementia can be immensely rewarding, but it is also a difficult and at times stressful task. Attempting to cope with the emotional weight of a loved one with dementia, fulfill their care needs, and manage their affairs without the legal means to do so is an unnecessary added burden for a carer, and one that a power of attorney can easily solve.
Common Questions About Power of Attorney and Dementia
What if my loved one can’t grant power of attorney?
If dementia has already progressed and your loved one can’t legally grant power of attorney, families must apply through the courts. A conservatorship or authority under the Mental Capacity Act may be required. Acting early avoids this stressful and costly process.
The Mental Capacity Act protects people who lack the mental capacity to make decisions. It requires the family or caregiver to prove that the patient no longer has the capacity to make essential decisions for themselves.
Families may also wonder how to change power of attorney for someone with dementia. If your loved one’s condition has progressed but they still have mental capacity, they can legally update or revoke an existing power of attorney. However, once they lose capacity, families must petition the court to make changes, which can be a lengthy process.
What if my loved one refuses to grant power of attorney?
If someone with dementia is still mentally capable, they can legally refuse to grant power of attorney. Families can only encourage the decision by explaining its benefits and potential complications if one is not in place.
What happens without a power of attorney?
Without power of attorney, the courts appoint a deputy to manage health, legal, and financial matters. This process is expensive and places decision-making in the hands of someone unfamiliar with your family.
Power of attorney is a vital, fundamental part of caring for someone with dementia. To find out more about this issue, and about dementia care in general, reach out to Senior Helpers. Our experts have vast experience in every aspect of caring for loved ones with dementia, and will be able to offer the support and assistance you need to ensure your family member is properly cared for every step of the way.